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NEW YORK LIFE INS. CO. v. HIATT

No. 10503.

140 F.2d 752 (1944)

NEW YORK LIFE INS. CO. v. HIATT.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 14, 1944.

Attorney(s) appearing for the Case

Meserve, Mumper & Hughes and Roy L. Herndon, all of Los Angeles, Cal., for appellant.

William H. Brawner, of Los Angeles, Cal., for appellee.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellee, the beneficiary of a policy of insurance on the life of her husband, sued the insurer (appellant) upon a claim of the right to recover double indemnity for fatal accident.1 The face amount of the policy was $3,000, which sum, with accrued interest and accumulated dividends, the insurer tendered prior to suit. The court found (and the correctness of the finding is conceded) that the insured "died as a result...

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